Krieser ex rel. Krieser v. Hobbs’s Empirical Analysis
166 F.3d 736 · 1999
Citation profile
19 federal appellate · 5 state decisions
How this case has been cited
Cited by 46 later decisions — most recently August 2018 · most notably Delta & Pine Land Co. v. Nationwide Agribusiness Insurance (2008), Howe v. Scottsdale Insurance Co. (2000)
19 federal appellate · 5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Erie Co v. Tompkins · Gasperini v. Center for Humanities, Inc. · Kaiser Aluminum & Chemical Corp. v. Bonjorno · Duncan v. Cessna Aircraft Co. · McDermott, Inc. v. AmClyde
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[WJhere liability is not joint-and-several, and each defendant instead bears liability for damages only proportionate to his own fault, there is no assessment of liability for damages common to the settling and non-settling defendants. Accordingly, the settlement has an entirely separate basis from the apportioned damages, and the one-recovery rule does not apply.”
2 later decisions quote this exact passage · from the majority“Under several only liability, the defendant is liable only for the amount of the plaintiffs damages that is proportional to the defendant’s percentage of fault. Thus, offsetting a plaintiffs damages by the amount of a non-party’s settlement is unnecessary because the defendant pays only his share of the damages.”
1 later decision quote this exact passage · from the majoritye.g. Nilsson v. Bierman“(w)e think it is clear that the Mississippi Supreme Court, if faced with this question, would follow the large number of other courts who have understood legislative limitation of joint-and-several liability to render incompatible a pro-tanto credit for non-settling tortfeasors.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.